Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 856

Official PDF on legislation.mt

856. (1) The warrant of arrest shall have the effect to seize the sea vessel, having a length exceeding ten metres, from the debt or and also to attach the same in the hands of the authority where property is. The Court shall also order that the said authority shall not release such sea vessel or allow the debtor to divest himself i n any way from the same in whole or in part or to give or surrender t o any person any rights on the same and the Court shall order the per son indicated by the party issuing th e warrant, to effect service o f a copy of the warrant in accordance with sub -article (3), as well as to s eize the appropriate documentation and certification from on board the vessel. (2) The warrant is executed for all effects of the law when notice is served on the executive officer of the authority who has the sea vessel in its hands or under its power or control. (3) A copy of the warrant of arrest shall also be served on the person whose ship or vessel is a rrested, the master or other pe rson in charge of such ship or vessel, or the agent of such ship or vessel: Provided that the party issuing th e warrant shall indicate in t he appropriate part of the warrant t he necessary details of the pe rson who shall effect service of the copy of the warrant referred to in this sub- article upon the master or other person in charge of such ship or vessel. (4) Any documentation and certification seized from on board a ship or vessel in accordance w ith sub-article (1), shall within one working day, be handed over to the registrar. 236 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE The authority in charge of the vessel to be considered official consignee. Amended by: IV .1996.9. Revoked by: XIV .2006.99. Added by: XIV .2006.100. Re-numbered by: VII.2007.34. Amended by: XV .2008.31; XV .2009.49.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.